Legendary poker player files motion to dismiss Borgata suit against him

By John Brennan

Staff Writer |

The Record

Legendary poker player Phil Ivey on Wednesday filed a motion in federal court to dismiss Borgata casino's lawsuit that seeks repayment of $9.6 million that Ivey won playing mini-baccarat on four visits to the Atlantic City site in 2012.

AP Photo/Laura Rauch

Phil Ivey pauses during a hand at the final table of the World Series of Poker at the Rio Hotel and Casino in Las Vegas on Saturday, Nov. 7, 2009

Ivey's attorneys wrote that Borgata's claims of violations of New Jersey regulatory codes during his play are inadmissible because no private company can make such claims in court. They add that even if there was a violation, state law mandates that Borgata had to report such activity within six months to the state Division of Gaming Enforcement (DGE) - but failed to do so.

A recently-decided state Superior Court case, the attorneys added, concluded that "Courts are generally not the entity which must determine the authorization or legality of a casino game in New Jersey, but rather the [Casino Control Commission] or DGE."

Ivey does not appear to dispute the fact that he and a playing partner noticed that many of the decks used by Borgata contained tiny irregularities on the backs of the cards - a flaw exploited by Ivey to allow him to turn a house advantage into a significant edge for Ivey.

But Ivey notes that he never touched the cards in question; he merely asked the dealers to position them in certain ways, and the dealers obliged. The Casino Control Act, the suit says, does not bar a player from making such requests.

"The essence of [Borgata's] complaint is that defendant Ivey is possessed of extraordinary powers of observation in discerning minute and virtually indistinguishable asymmetrical patterns on the backs of Borgata's purple playing cards, and used that prowess to his advantage during four sessions of mini-baccarat from April to October 2012," the suit notes. "Notwithstanding that the cards, dealing shoe, and automatic shuffling machine were exclusively handled and controlled by plaintiff's dealers at all times, meaning that defendants never even touched the cards, plaintiff alleges that Ivey's exquisite power of discernment somehow transforms his play into cheating and swindling."

Ivey also won millions more via a similar approach at a London casino in 2012.

Last week, Ivey won his 10th World Series of Poker "bracelet" for a major tournament win, tying him for second-most all-time.

Legendary poker player files motion to dismiss Borgata suit against him

Phil Ivey pauses during a hand at the final table of the World Series of Poker at the Rio Hotel and Casino in Las Vegas on Saturday, Nov. 7, 2009

By John Brennan

Staff Writer |

The Record

Legendary poker player Phil Ivey on Wednesday filed a motion in federal court to dismiss Borgata casino's lawsuit that seeks repayment of $9.6 million that Ivey won playing mini-baccarat on four visits to the Atlantic City site in 2012.

Ivey's attorneys wrote that Borgata's claims of violations of New Jersey regulatory codes during his play are inadmissible because no private company can make such claims in court. They add that even if there was a violation, state law mandates that Borgata had to report such activity within six months to the state Division of Gaming Enforcement (DGE) - but failed to do so.

A recently-decided state Superior Court case, the attorneys added, concluded that "Courts are generally not the entity which must determine the authorization or legality of a casino game in New Jersey, but rather the [Casino Control Commission] or DGE."

Ivey does not appear to dispute the fact that he and a playing partner noticed that many of the decks used by Borgata contained tiny irregularities on the backs of the cards - a flaw exploited by Ivey to allow him to turn a house advantage into a significant edge for Ivey.

But Ivey notes that he never touched the cards in question; he merely asked the dealers to position them in certain ways, and the dealers obliged. The Casino Control Act, the suit says, does not bar a player from making such requests.

"The essence of [Borgata's] complaint is that defendant Ivey is possessed of extraordinary powers of observation in discerning minute and virtually indistinguishable asymmetrical patterns on the backs of Borgata's purple playing cards, and used that prowess to his advantage during four sessions of mini-baccarat from April to October 2012," the suit notes. "Notwithstanding that the cards, dealing shoe, and automatic shuffling machine were exclusively handled and controlled by plaintiff's dealers at all times, meaning that defendants never even touched the cards, plaintiff alleges that Ivey's exquisite power of discernment somehow transforms his play into cheating and swindling."

Ivey also won millions more via a similar approach at a London casino in 2012.

Last week, Ivey won his 10th World Series of Poker "bracelet" for a major tournament win, tying him for second-most all-time.